HomeMy WebLinkAboutContract 31815 08/01/2002 14:53 8173357437 DUNAWAY ASSOC. PAGE 06
CITY SECRETARY -�
CONTRACT NO. 1
INFORMAL DEVELOPER AGREEMENT
TO BE EXECUTED BY
DEVELOPERS WISHING TO LET THEIR OWN CONTRACTS
FOR CONSTRUCTION OF
The undersigned DEVELOPER has familiarized himself with the City of Fort Worth's`Policy for
the Installation of Community Facilities"governing street paving, storm drain, street lights, and
street name signs facility installations and fully understands all the provisions,terms and
conditions of that policy, and wishes to exercise the option contained In that policy permitting a
DEVELOPER to let his own contracts for construction of such street paving, storm drain,street
lights, and street name signs.
In addition to all other requirements of the City's Policy for the Installation of Community Facilities,
the DEVELOPER specifically agrees to follow the procedures set forth below:
1. To employ a construction contractor who Is approved by the Director Transportation and
Public Works Department and who is licensed and bonded to do work in public streets.
2. To require the Contractor to furnish the City of Fort Worth dual obligee performance and
payment bonds In the name of the DEVELOPER and the City, and,if required, a maintenance
bond In the name of the City on forms provided by the City, for 100% of the contract price of the
facility, said performance, payment, and maintenance bonds to be furnished to the City before
work Is commenced.
3. DEVELOPER shall pay to the City in cash for the construction Inspection a fee equal to two
percent(2%)of the DEVELOPER's share of the construction cost of related street,storm drain,
streetlight and/or street sign facilities as stated in the construction contract.
4. To require the Contractor to give 48 hours notice to Director of the Department of
Engineering prior to commencing construction of the facility or facilities so that Inspection
personnel will be available.
5. To make this agreement, as well as the Standard Specifications for Street and Storm Drain
Construction an integral part of any contract with a contractor to construct any or ail of the
facilities involved,
6. To require the Contractor to allow the construction to be subject to inspection at any and all
times by City Inspection forces.
7. To require the Contractor to have such laboratory tests made as the City may require.
8. To secure approval by the Director of the Engineering Department of any and all partial and
final payments to the Contractor,such approval to pertain only to satisfactory completion of the
work for which payment Is made and not to constitute approval of the quantities on which
payment is based.
9. To furnish simultaneously with the execution of the construction contract let by the
DEVELOPER a developer's bond in the name of the City of one hundred percent(100%)of the
estimated contract cost of the related community faalitles, as stated In the construction contract,
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08/01/2002 14:53 8173357437 DUNAWAY ASSOC. PAGE 07
10. to guarantee timely payments to the Contractor for completed work and/or to guarantee
satisfactory performance of this agreement and substantial completion of the community facilitles
to be installed. In lieu of the developer's bond,the Developer may deposit cash one hundred
twenty-five percent (125%)of the estimated DEVELOPER's share of the cost of the community
facilities.
11. DEVELOPER agrees to complete all the improvements covered by this agreement within 90
calendar days after having been Instructed to do so, In writing, by the Director of Transportation
and Public works. It Is understood that the DEVELOPER will initiate the construction of all
improvements to conform to his own schedule,except for those improvements which the
Transportation and Public Works Director deems necessary for the proper and orderly
development of the area. In the event DEVELOPER falls to carry out any such instructions within
the 90-day period, the DEVELOPER gives the City the right to design and award a contract, and
inspect the improvements in question,and agrees to pay to the City prior to the award of the
contract,the amount of the low bid.
12. The DEVELOPER further covenants and agrees to,and by these presents does hereby,fully
Indemnify, hold harmless and defend the City, Its officers, agents and employees from all sults,
actions or claims of any character, whether real or asserted,brought for or on account of any
Injuries or damages sustained by any persons(including death)or to any property,resulting from
or in connection with the construction,design, performance or completion of any work to be
performed by said DEVELOPER, his contractors, subcontractors, officers, agents or employees,
or in consequence of any fallure to properly safeguard the work, or on account of any act,
intentional or otherwise, neglect or misconduct of said DEVELOPER, his contractors, sub-
contractors,officers, agents or employees, whether or not such injuries, death or damages
are caused,In whole or in part,by the alleged negligence of the Citv of Fort Worth, Its
officers, servants, oremployess
13. It is expressly understood and agreed by the parties hereto that execution of this agreement
does not bind the City of Fort Worth to participate in or contribute to the cost of any of the
Improvements described herein; nor shall the City of Fort Worth be responsible or liable for any
portion of the costs incurred by the DEVELOPER, Its officers, agents, employees, contractors or
subcontractors for the design and construction of the Improvements described herein, unless
and until the parties hereto execute a Formal Community Facilities Agreement, duly authorized by
the City Council at a regular meeting, signed by the City Manager, and providing for the City's
participation In the costs of said improvements.
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06/01/2002 14:53 8173357437 DUNAWAY ASSOC. PAGE 08
This agreement pertains to those community facilities
required to serve the following described property'.
Unit II: Paving and Drainage Improvement,.'
To Serve
Sections 1,2,3, and Part of ,4, Ridglea Apartments
For The Development of
ALTA RIDGLEA VILLAGE .
ACCEPTED FOR THE DEVELOPER:
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ltd po b ALTA R1 D GEA v)w A 4r-, .
xr•{- (%cc.ci(� , P.c., Director /, Q
DEPARTMENT OF TRANSPORTATION By: z
AND PUBLIC WORKS Ry4n L. Dearborn, Partner
DATE DATE
CFA CODE
APPROVED A5 TO FORM AND I FORT WORTH AS
LEGALITY:
8
ern ;r�S�� I( V3.1- - A55 nt
Assistant City Attorney City Manager
Attested By:
iliart), iiendrix
Citv Secretary
3
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Dunaway Associates,Inc. 8/2/2002
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
Unit II: Paving& Storm Drain Improvements
Sections 1,2,3&Part of 4, Ridglea Apartments,for the development of
ALTA RIDGLEA VILLAGE
T/PW Project No.:
DOE No.:
Unit II-Section A:Storm Drain Improvements
BID
BID UNIT
I EM UANTITY UNIT DESCRIPTION PRICE COST
1 73 LF 21-inch Class III RCP $45.00 $3,285.00
2 52 LF 30-inch Class III RCP $57.00 $2,964.00
3 2 EA 10-ft. Standard Curb Inlet $2,000.00 $4,000.00
4 105 LF Trench Safe 5'-10'Trench $10.00 $1,050.00
5 138 SY Asphalt Pavement Repair $21.00 $2,898.00
6 45 LF Remove Replace Exist Conc Curb&Gutter $11.00 $495.00
7 1 LS Trench Backfill Density Testing $1,000.00 $1,000.00
8 2 EA Demolish&Remove Existing Curb Inlet $850.00 $1,700.00
SUBTOTAL: $17,392.00
Unit It-Section B:Paving Improvements
BID BID UNIT
ITEM QUANTITY UNIT DESCRIPTION PRICE COST
1 929 SY 5"Asphalt Paving 1"Surface,4"Base Course) $21.00 $19,509.00
2 149 SY HMAC Transition Pavement $15.00 $2,235.00
3 495 SY 16-inch reinforced concrete pavement $38.00 $18,810.00
4 1,120 LF 7-inch reinforced concrete curb $3.00 $3,360.00
5 929 SY 6-inch flex base $5.50 $5,109.50
6 5,661 SF Proposed Concrete Sidewalk $4.00 $22,644.00
7 381 LF Demolish&Remove Existing Concrete Sidewalk $1.00 $381.00
8 646 LF Demolish&Remove Exsiting Concrete Curb $1.00 $646.00
9 1 LS Pavement Marking per City requirements $1,500.00 $1,500.00
10 389 SY Seeding by h dromulch $0.50 $194.50
SUBTOTAL: $74,389.00
Unit II-Section A:Storm Drain Improvements $17,392.00
Unit II-Section B:Paving Improvements $74,389.00
UNIT II TOTAL: $91,781.00
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Unit-II-COST.As Q .�; if 1 of